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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF MARCH, 2019

BEFORE

THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

M.F.A. NO.4871 OF 2018 (RES)

BETWEEN:

1.

VITTALA SHETTY

SON OF LATE MUDDANNA SHETTY,

AGED ABOUT 76 YEARS,

RESIDENT OF SHEDIKADLU,

POST MANDARTI,

UDUPI TALUK AND DISTRICT.

2.

H. SHRIDHAR HEGDE

SON OF LATE RAMANNA HEGDE,

AGED ABOUT 60 YEARS,

RESIDENT OF: HEGGUNJI VILLAGE,

GOWRI THOTA POST,

UDUPI TALUK AND DISTRICT.

3.

SUBBANNA SHETTY

SON OF NARAYANA SHETTY,

AGED ABOUT 62 YEARS,

RESIDENT OF BADUBARALI HEGGUNJI,

BADAMANE,

POST: MANDARTI,

UDUPI TALUK AND DISTRICT.

4.

MAHESH SHETTY

SON OF VITTALA SHETTY,

AGED ABOUT 54 YEARS,

2

RESIDENT OF BADAMANE HEGGUNJI,

LAKSHMI NADUJEDU,

POST: MANDARTI,

UDUPI TALUK AND DISTRICT.

5.

SRINIVASA SHETTY

SON OF RAMANNA SHETTY,

AGED ABOUT 63 YEARS,

RESIDENT OF HEGGUNJE MELUMANE,

POST MANDARTI,

UDUPI TALUK AND DISTRICT.

6.

SHAMBU SHETTY

SON OF KALAPPA SHETTY,

AGED ABOUT 61 YEARS,

RESIDENT OF: HEGGUNJI BADAMANE,

POST: MANDARTI,

UDUPI TALUK AND DISTRICT.

... APPELLANTS

(BY SHRI RAGHUPATHY T. N., ADVOCATE)

AND :

1.

STATE OF KARNATAKA

REP BY ITS SECRETARY AND COMMISSIONER,

RELIGIOUS AND CHARITABLE ENDOWMENT,

DEPARTMENT, BENGALURU.

2.

THE EXECUTIVE OFFICER

SHREE DURGA PARAMESHWARI TEMPLE,

MANDARTI TALUK AND DISTRICT,

UDUPI.

3.

H. DHANANJAYA SHETTY

SON OF BALAKRISHNA SHETTY,

AGED ABOUT 70 YEARS,

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RESIDENT OF HEGGUNJE CHAVADI MANE,

POST MANDARTHI,

TALUK AND DISTRICT UDUPI.

4.

H. PRABHAKARA SHETTY

SON OF ANANTHA SHETTY,

AGED ABOUT 59 YEARS,

RESIDENT OF: "HEGGUNJE KODLIJEDU",

HEGGUNJE HOSA MANE,

POST MANDARTHI,

TALUK AND DISTRICT: UDUPI.

5.

SURENDRA SHETTY

SON OF RAMANNA SHETTY,

AGED ABOUT 75 YEARS,

RESIDENT OF: "LAKSHMI SADANA",

HILIYANA POST AND VILLAGE,

TALUK AND DISTRICT UDUPI.

6.

H. VIJAYANATH HEDGE

SON OF SRI B. SADASHIVA HEDGE

AGED ABOUT 48 YEARS,

RESIDENT OF HEGGUNJE CHAVADI MANE

MANDARTHI, UDUPI TALUK.

7.

VASANTHA SHETTY

SON OF LATE SRI NARAYANA SHETTY

AGED ABOUT 65 YEARS

RESIDENT OF HEGGUNJE MELMANE

MANDARTHI POST

UDUPI TALUK AND DISTRICT – 675101.

8.

VASANTH HEDGE

SON OF LATE SRI VITTAL HEDGE

AGED ABOUT 67 YEARS

RESIDENT OF HEGGUNJE DODDAMANE

MANDARTHI POST

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UDUPI TALUK AND DISTRICT – 675101.

... RESPONDENTS

(BY SHRI UDAYA HOLLA, A.G.

A/W. SMT. SADHANA DESAI, STANDING COUNSEL

FOR R1;

SMT. VAHEED, H.C.G.P. FOR R2;

SHRI JAYAKUMAR S. PATIL, SENIOR ADVOCATE

A/W. SHRI K.C.SHANTHA KUMAR, ADVOCATE FOR

R3-R5;

SHRI CHANDRASHEKAR, ADVOCATE FOR R6 TO R8)

THIS

M.F.A.

IS

FILED

U/S.63(A)

OF

THE

KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND

CHARITABLE ENDOWMENTS ACT, 1997 AND RULES

2002, AGAINST THE ORDER DATED 26.03.2018

PASSED IN NO.RDP/TRI/17/ 2012/13 ON THE FILE

OF THE RAJYA DHARMIKA PARISHAT, BENGALURU,

DIRECTING ONE PERSON FROM ALL THE FAMILIES

I.E.

CHAVADI

MANE,

HEGGUNJE

BADA

MANE,

HEGGUNJE HOSA MANE, HEGGUNJE DODDAMANE

AND

HEGGUNJE

MELMANE

AS

HEREDITARY

TRUSTEES OF THE TEMPLE WITH CONDITIONS

THROUGH OUT THEIR GENERATION THEREIN.

THIS

M.F.A.

COMING

ON

FOR

FURTHER

HEARING THIS DAY, THE COURT DELIVERED THE

FOLLOWING :

JUDGMENT

The appellants have impugned the order dated

26.03.2018 passed in NO.RDP/TRI/17/2012-13 by the

Rajya Dharmika Parishat, Bengaluru, and this order

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relates to the appointment of Hereditary Trustees for the

Management of Shree Mandarti Durga Parameshwari

Temple (referred to as ‘Temple’) of Heggunje Village of

Udupi Taluk and District.

2.

Admittedly, the Temple is more than three

hundred years old. The Temple is established by the

‘Heggunje Family’ from the Bunt community, and the

Temple was managed/administered in terms of the

Scheme settled in the year 1938 under the provisions

Madras Hindu Religious Endowments Act, 1926 until

this Scheme was modified in 1951. The Heggunje family

now comprises of five branches